A.public hearing shall be held before the Zoning Board of Appeals pursuant to § 213-15 of this chapter prior to the granting of a special exception permit pursuant to this article.

One parking stall shall be required for every 150 square feet of office area plus one parking stall for every employee plus three parking stalls for visitors.

A. The permittee shall at all times be in compliance with all federal, state, county and town laws, ordinances, rules and regulations, regarding the storage, processing and disposal of solid waste.

B. The Board may limit the term of the permit as it shall determine in its sole discretion.

C. The Board may limit hours of operation upon a finding that such a limit is necessary to the standards set forth in this article.

D. The Board may require that the applicant post a bond with sufficient surety upon a finding that such a bond is necessary to protect the value of the property, character of the neighborhood and the public health and safety.

E. The Board may impose such other reasonable conditions and restrictions as it shall deem appropriate.

A.The applicant shall pay the application fee which will be set by Town Board resolution from time to time.

B. If the Commissioner of the Department of Environmental Control determines that a noise study is necessary as a condition of granting a special exception permit pursuant to this article, the applicant shall pay Commissioner of the Department of Environmental Control a noise study fee as shall be established by the Town Board from time to time.

[Amended 4-21-1998 by L.L. No. 5-1998]

A. Any person currently engaging in or conducting a junk business or a motor vehicle junk business, as such terms are defined in § 143-1 of this Code, and possessing a license pursuant to Chapter 143 of this Code to operate a junkyard as of the effective date of this article shall be deemed to be operating a nonconforming junkyard and may continue to renew said junk dealer license as provided in Chapter 143 of this Code, provided that such premises is in compliance with the following:

(1) Fencing of premises.

(a) Fence and gates required. The entire perimeter of premises operated as a nonconforming junkyard shall be surrounded by a solid fence constructed of wood, aluminum, metal clad or such other material as may be approved by the Building Inspector, and the same shall be opaque around the storage areas, except that gates of not more that 24 feet in width, constructed of cyclone fencing, may be installed in the fence. Fencing around junkyards with front yard parking need not be opaque. [Amended 7-20-1999 by L.L. No. 10-1999]

(b) Maintenance. The fence shall be kept in good order and repair and shall be painted at least once every three years in a solid color of either white, battleship gray, dark green or such other color as may be approved by the Commissioner.

(c) Setbacks. Said fence shall be set back from all street lines at least 15 feet, except that if a lot in question has a depth of less than 100 feet, then the setback from the street may be five feet.

(d) Height. On premises bordering a residential zone, the fence shall be 10 feet in height; otherwise the fence shall be six feet in height.

(2) Areas outside fences. So much of the plot between the fence provided for in § 213-449A(1) and the street line shall be surfaced with blacktop and/or concrete and so much of the plot between the fence and any adjoining residential property line shall be landscaped with grass.

(3) Height of scrap and junk piles. In no event shall scrap and junk be so piled as to exceed the height of 20 feet. Piles shall not exceed the height of the fence required under § 213-449A(1) within 20 feet from said fence.

(4) Maintenance of nonconforming junkyard exteriors. The exterior of premises operated as nonconforming junkyards as provided herein shall be kept in a neat and orderly condition, free of debris, paper or any other solid waste or refuse material.

(5) Construction and maintenance of sidewalk and curb. The owner of a nonconforming junkyard, at his own cost and expense, shall construct a driveway apron at all entrances where none exists, and shall maintain existing sidewalks and curbs and driveway aprons along so much of the premises as may abut upon a street. [Amended 7-20-1999 by L.L. No. 10-1999]

(6) Deposits outside fenced area. No junk cars. dismantled vehicles, parts of vehicles, junk material or ashes and debris shall be piled, stored or otherwise left by the owner or operator of the establishment outside the opaque fenced area as required herein, and any Such junk or junk material that should be left by others outside the establishment shall be promptly removed by the owner and/or operator of the establishment. [Amended 7-20-1999 by L.L. No. 10-1999]

(7) (Reserved')

(8) Adequate provision has been made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the use will generate.

(9) If the owner and operator of a junkyard has been issued a dismantling permit by the state, they shall be required to obtain and maintain a permit from the Suffolk County Department of Health and/or New York State Department of Environmental Conservation as applicable for the storage and disposal of gasoline, diesel fuel, waste oil, freon and antifreeze. [Amended 7-20-1999 by L.L. No. 10-1999]

(10) Provision for the storage and disposal of lead acid batteries in accordance with all federal, state and county laws.

B. Should the use of any parcel as a nonconforming junkyard cease or be discontinued for six months or more or be abandoned for 30 days or more, or should the licensee fail to renew his junk dealer's license within six months after the expiration date of the license, such use as a nonconforming junkyard shall be deemed to have expired and may not be reinstated. Nothing herein shall be deemed or construed to allow the operation of a nonconforming junkyard without a valid junk dealer's license or with an expired junk dealer's license.